California Voters to Decide if Doctors Must Submit to Random Drug Tests

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California Voters to Decide if Doctors Must Submit to Random Drug Tests

By
Wais Vogelstein Forman & Offutt LLC
|August 18, 2014

Over the last several years, random drug testing of licensees and employees
has become increasingly common in various industries and professions around
the country. Earlier this month, California announced a ballot initiative
in which voters will decide if doctors should be required to submit to
random drug tests.
According to a New York Times
article from earlier this month, California will be the first state to propose
this type of testing, which could become more common throughout the country
in the future. According to the article, the proposal was merged into
a ballot initiative that would raise the medical malpractice award limit
in California for the first time since 1975, from $250,000 to $1.1 million.
Advocates for the proposal argue that random drug testing would help to
hold doctors accountable for their decisions. Moreover, they justify raising
the malpractice award limit by pointing to continuing inflation and the
increase in medical costs in the last 39 years.

The Various Types of Medical Malpractice

When thinking about
medical malpractice, an intoxicated doctor is not usually the first thing to come to mind.
Medical malpractice can occur in several ways, including if injury occurs
as the result of a doctor misdiagnosing an illness, failing to notice
or warn a patient about the potential risks and side effects of a course
of treatment, or undergoing a course of treatment that the doctor is not
reasonably able to perform safely. If a doctor is intoxicated while treating
a patient, and the patient is injured from the doctor’s mistake,
there is a high likelihood that the doctor committed malpractice, although
proving the case may not be easy.

How to Win a Medical Malpractice Lawsuit

A successful malpractice case requires proving that the doctor’s
breach of a duty to the patient is what resulted in an injury. It is imaginable
that if a doctor had a small amount of a controlled substance in his or
her body, and a patient was injured, proving that the doctor was intoxicated
and that the intoxication contributed to the injury would be difficult
if doctors are not required to be tested. If a law is passed requiring
random testing, testing in the event of a patient injury, or testing if
a hospital suspects drug abuse, it would result in an assumed duty by
the doctor not to treat a patient while intoxicated. Although this duty
already exists, required testing will increase the likelihood of doctors
being held responsible for such a breach, and it is more likely that a
medical malpractice lawsuit against the doctor would be successful.

The Effect of this Initiative on Patient Advocates and the Medical Industry According to the article, this battle is being watched by doctors across
the country and the national medical industry, and they have invested
over $35 million to defeat the initiative. If the initiative becomes law,
it may start a pattern for similar laws across the country and require
the same accountability from doctors as is required from pilots, truck
drivers, and other risky occupations. When a patient injury occurs unexpectedly,
no potential cause should be ruled out, and medical providers that allow
malpractice to occur must be held responsible for their actions.

Have You Been Injured When Suspect Drugs or Alcohol are Involved?

Although this proposal is not the law yet, and would only apply to California
initially, a medical malpractice lawsuit can still be successful nationwide
against an intoxicated doctor. If you or someone you love has been injured
in the care of a doctor or other medical provider and suspects that drugs
or alcohol are involved, the medical malpractice attorneys at Wais, Vogelstein,
Forman & Offutt want to discuss your case and see if we can help.
We have offices in Baltimore, Maryland and Washington, DC, but we represent
patients nationwide in malpractice cases. We know what it takes to get
fair compensation for your loss, and we’re not afraid to go to trial
and fight for a verdict if a settlement offer is not acceptable. Contact
us through our
website or call (410) 567-0800 today and schedule a free consultation.

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